Central Administrative Tribunal - Gauhati
Bhuban Chandra Goswami vs M/O Railways on 24 January, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/0055/2020
Date of order: This, the 24th day of January, 2024
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Between
Shri Bhuban Chandra Goswami,
Mail Guard, N.F. Railway,
Guwahati Station, Guwahati - 781001
R/o Sarada Kamala Residency,
Silpukhuri, Guwahati - 781003.
....Applicant
By Advocate: Sri S. Nath, Dr. G.J. Sharma
- Versus -
1. The Union of India,
Represented by the General Manager,
N.F. Railway, Maligaon,
Guwahati -11, Assam.
2. General Manager(P),
N.F. Railway, Maligaon
Guwahati - 11.
3. The Divisional Railway Manager(P),
N.F. Railway, Lumding, P.O: Lumding,
Dist: Nagaon, Assam, Pin - 782447.
O.A. No.040/0055/2020
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4. Senior Divisional Commercial Manager,
N.F. Railway, LUmding, P.O: Lumding,
Dist: Nagaon, Assam, Pin: 782447.
5. Assistant Commercial Manager/II/Lumding,
N.F. Railway, Lumding, P.O: Lumding,
Dist: Nagaon, Assam, Pin: 782447.
.....Respondents
By Advocate: Ms. U. Das, Rly. Counsel through V/C
ORDER(ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
The instant O.A. has been filed by the applicant basically praying for the following relief(s):
"8.1 to set aside and quash the impugned letter No. E/III/Gr-I/FIXN(T) dated 26.06.2013(Annexure- A/1) so far the applicant is concerned and letter dated 22.07.2019 (Annexure-A/2).
8.2 to declare that the applicant is entitled to 1st Financial upgradation from the date of completion of his regular 12 years of service with effect from 07.04.2004 under the ACP Scheme.
O.A. No.040/0055/2020 3 8.3 to direct the respondents to review and re-fix the pay of applicant by antedating his 1st financial upgradation in the scale of pay of Rs. 5000-8000 under ACP Scheme w.e.f. 01.04.2004, with all consequential benefits including arrear monetary benefits with interest @12%.
8.4 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. As per the applicant, he was initially appointed on 07.04.1992 as 'Goods Guard(Junior)' in the pre-revised pay scale of Rs. 1200-2040/-. Subsequently, on 24.09.2006, he was promoted to the post of 'Sr. Goods Guard'. However, during this period, he did not get any promotion but as per the ACP Scheme, he became eligible to get the benefit of 1st ACP w.e.f. 01.01.2004 i.e., after completion of 12 years of successful regular service.
3. During the course of hearing, Sri S. Nath assisted by Dr. G.J. Sharma, learned counsel appearing on behalf of the applicant has drawn our attention to the Order dated 02.11.2005(Annexure-A/5), whereby though, he was due to O.A. No.040/0055/2020 4 get the benefit of 1st ACP in the scale of Rs. 5000-8000/- w.e.f. 01.04.2004 after successful completion of 12 years of service but he was granted the same w.e.f. 01.04.2005. It has been further submitted by the learned counsel for the applicant that during that period, there were no disciplinary proceedings or criminal proceedings pending against him and he was found fit to be granted the benefit of ACP Scheme. In this regard, being aggrieved with, he made a representation before the authority. However, vide impugned Letter dated 26.06.2013(Annexure-A/1), it has been communicated to the applicant that his claim was rejected on the ground that his pay was fixed as per Rule 1313 (FR-22) (I)(a)(2)R-II vide Office Order dated 02.11.2005 and Letter dated 19.06.2006. Being aggrieved with, he has filed the instant O.A. Furthermore, it has been submitted by the learned counsel for the applicant that since the ACP Scheme is non-functional one and without any relation to the vacancy and seniority, thus question of shouldering higher O.A. No.040/0055/2020 5 responsibilities does not arise. Further, the promotion of the applicant became due after completion of 12 years of service, however, due to stagnation, he could not be promoted.
4. The respondents have filed their written statement, wherein it has been stated that the applicant was granted ACP in higher scale of pay in Pay Scale of Rs. 5000-8000/- w.e.f. 07.04.2004 vide Office Order dated 02.11.2005 and his pay was accordingly fixed in higher scale of pay in the said scale without benefit of pay under Rule 1313 (FR22) I(a)(2)-R-II vide General Manager (Personnel), Maligaon's Letter dated 19.06.2016 where shouldering of higher responsibility is not involved. As such, the question of re-fixation does not arise and he has been granted appropriate pay scale.
5. During the course of hearing, Ms. U. Das, learned Railway Counsel appearing on behalf of the respondents through video conferencing has drawn our attention to the O.A. No.040/0055/2020 6 Letter dated 19.06.2006(Annexure-1 of W/S) issued by the Deputy CPO(Headquarters) for General Manager(P) and has submitted that the pay of the applicant has been fixed under Rule 1313 (FR22)I(a)(2)-R-II, where the movement from lower grade to higher grade in non-functional situation and there is no change of duties and responsibilities, thus, the pay will be fixed under Rule 1313(FR22) I(a)(2)-R-II as has been intimated to the applicant vide Office Letter dated 26.06.2013 (Annexure A/1) to the OA. Therefore, his pay was rightly fixed.
6. Heard the parties and perused the records. It is noted that it is an admitted position that the applicant was eligible for the grant of benefit of 1st Financial Upgradation under ACP Scheme after completion of his 12 years of regular service, which he had completed on and from 01.04.2004. It is further noted that the main object of ACP Scheme is to give relief to those persons who are otherwise eligible for promotion in 12 years but could not be promoted due to O.A. No.040/0055/2020 7 stagnation and the said benefit under the ACP Scheme is only affected by way of financial upgradation and not to be related with any vacancy position.
7. The Rule 1313 (FR22)I stipulates inter-alia:-
"(a) (1) Where a railway servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time scale of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or rupees twenty five only, whichever is more. .....................
(2) When the appointment to the new post does not involve such assumption of duties and responsibilities or greater importance, he shall draw as initial pay, the stage of the time scale which is equal to his pay in respect of the old post held O.A. No.040/0055/2020 8 by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis;
..................."
8. From the perusal of the above Rule 1313 (FR-
22)I(a)(2), it transpires that the said provision relates to an appointment to a new post wherein higher responsibility is needed to shoulder, which cannot be equaled to the promotion/financial upgradation under the ACP Scheme. Therefore, if the applicant's pay would be fixed under Rule 1313(FR22)I(a)(2)-R-II as claimed by the respondents, it would go against the spirit and conditions of the ACP Scheme.
9. In our considered opinion, the fixation of pay under Rule 1313 (FR22)I(a)(2)-R-II is not valid as per the mandate of the ACP Scheme. Therefore, we quash and set aside the impugned Letter dated 26.06.2013(Annexure-A/1) and Office Order dated 22.07.2019(Annexure-A/2) and direct the respondents to grant the 1st Financial Upgradation to the O.A. No.040/0055/2020 9 applicant w.e.f. 01.04.2004 in the pay scale of Rs. 5000-8000/- by fixing his pay as per Rule 1313 (FR22)I(a)(1)-R-II with all consequential benefits within a period of six weeks from the date of receipt of a certified copy of this Order.
10. Accordingly, the instant O.A. is allowed with the above observations and directions with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/SK/
O.A. No.040/0055/2020